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HB 1227 2026
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to preemption to the state; creating 2
ss. 125.595, 166.0499, and 189.09, F.S.; providing 3
legislative findings and intent; providing for 4
preemption of all matters relating to the regulation 5
of religious services and gatherings; prohibiting 6
counties, municipalities, and special districts, 7
respectively, from substantially burdening the free 8
exercise of religion by adopting or enforcing certain 9
ordinances, regulations, resolutions, rules, or other 10
policies; requiring that religious services and 11
gatherings, and parking relating to the attendance of 12
such services and gatherings, be allowed on specified 13
property; providing construction; providing that 14
certain ordinances, regulations, resolutions, rules, 15
and policies adopted or enforced by counties, 16
municipalities, and special districts are void and 17
unenforceable; amending s. 553.79, F.S.; prohibiting a 18
local enforcement agency from denying the issuance of 19
a certificate of occupancy to an owner of residential 20
or commercial property based on noncompliance with 21
Florida-friendly landscaping ordinances in certain 22
circumstances; prohibiting a local enforcement agency 23
from denying the issuance of a building permit for the 24
alteration, modification, or repair of a single-family 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
residential structure in certain circumstances; 26
prohibiting a local enforcement agency from requiring 27
a building permit for the construction of playground 28
equipment or a fence on certain property; creating s. 29
559.954, F.S.; defining the terms "local government" 30
and "mutual benefit corporation"; providing the 31
regulation of mutual benefit corporations is preempted 32
to the state; prohibiting local governments from 33
adopting or enforcing certain ordinances, regulations, 34
resolutions, rules, charter provisions, or other 35
policies or from taking any action to license or 36
otherwise regulate mutual benefit corporations in a 37
specified manner; providing certain ordinances, 38
regulations, resolutions, rules, charter provisions, 39
or other policies are void and unenforceable; 40
providing a civil cause of action; waiving sovereign 41
immunity in accordance with specified laws; amending 42
s. 559.955, F.S.; revising the criteria for a business 43
to be considered a home-based business as it relates 44
to local government regulation of parking; providing 45
an effective date. 46
47
Be It Enacted by the Legislature of the State of Florida: 48
49
Section 1. Section 125.595, Florida Statutes, is created 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
to read: 51
125.595 Ordinances, regulations, resolutions, rules, and 52
policies relating to religious services and gatherings.— 53
(1) The Legislature finds: 54
(a) The free exercise of religion is a fundamental right 55
guaranteed by the United States Constitution and the State 56
Constitution. 57
(b) The Legislature enacted the Religious Freedom 58
Restoration Act of 1998 to protect a person's free exercise of 59
religion from being substantially burdened by the state or 60
government, which includes a county, special district, 61
municipality, or any other subdivision of this state. 62
(c) Religious services and gatherings, whether held in 63
traditional houses of worship, private residences, or commercial 64
establishments, are an essential expression of the free exercise 65
of religion. 66
(d) Counties have, at times, enacted or enforced 67
ordinances, regulations, resolutions, rules, or other policies 68
that substantially burden a person's exercise of religion by 69
restricting religious services and gatherings, parking, or 70
related services or activities. 71
(2) It is therefore the intent of the Legislature to: 72
(a) Preempt any ordinance, regulation, resolution, rule, 73
or other policy that substantially burdens the free exercise of 74
religion. 75
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(b) Ensure uniform statewide protection for the free 76
exercise of religion. 77
(3)(a)1. All matters relating to the regulation of 78
religious services and gatherings are preempted to the state, 79
and a county may not substantially burden the free exercise of 80
religion by adopting or enforcing any ordinance, regulation, 81
resolution, rule, or other policy to prohibit or restrict a 82
person's ability to attend religious services or gatherings in 83
areas zoned for residential or commercial use. 84
2. Religious services and gatherings must be allowed on 85
property within any area zoned for residential or commercial 86
use, including, but not limited to, homes, community centers, or 87
businesses, notwithstanding any local zoning or land-use 88
restriction to the contrary. 89
(b)1. A county may not substantially burden the free 90
exercise of religion by adopting or enforcing any ordinance, 91
regulation, resolution, rule, or other policy to prohibit or 92
restrict a person's ability to temporarily park a motor vehicle 93
on a public right-of-way or a private driveway if such parking 94
is related to the attendance of religious services or 95
gatherings. 96
2. Parking relating to the attendance of religious 97
services or gatherings must be allowed and consistent with 98
public safety and access requirements. 99
(4) This section does not: 100
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(a) Relieve a person from complying with applicable county 101
building, fire, safety, or health standards. 102
(b) Authorize any use or conduct that could create a 103
public nuisance. 104
(5) Any ordinance, regulation, resolution, rule, or other 105
policy adopted or enforced by a county that conflicts with this 106
section is void and unenforceable. 107
Section 2. Section 166.0499, Florida Statutes, is created 108
to read: 109
166.0499 Ordinances, regulations, resolutions, rules, and 110
policies relating to religious services and gatherings.— 111
(1) The Legislature finds: 112
(a) The free exercise of religion is a fundamental right 113
guaranteed by the United States Constitution and the State 114
Constitution. 115
(b) The Legislature enacted the Religious Freedom 116
Restoration Act of 1998 to protect a person's free exercise of 117
religion from being substantially burdened by the state or 118
government, which includes a county, special district, 119
municipality, or any other subdivision of this state. 120
(c) Religious services and gatherings, whether held in 121
traditional houses of worship, private residences, or commercial 122
establishments, are an essential expression of the free exercise 123
of religion. 124
(d) Municipalities have, at times, enacted or enforced 125
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ordinances, regulations, resolutions, rules, or other policies 126
that substantially burden a person's exercise of religion by 127
restricting religious services and gatherings, parking, or 128
related services or activities. 129
(2) It is therefore the intent of the Legislature to: 130
(a) Preempt any ordinance, regulation, resolution, rule, 131
or other policy that substantially burdens the free exercise of 132
religion. 133
(b) Ensure uniform statewide protection for the free 134
exercise of religion. 135
(3)(a)1. All matters relating to the regulation of 136
religious services and gatherings are preempted to the state, 137
and a municipality may not substantially burden the free 138
exercise of religion by adopting or enforcing any ordinance, 139
regulation, resolution, rule, or other policy to prohibit or 140
restrict a person's ability to attend religious services or 141
gatherings in areas zoned for residential or commercial use. 142
2. Religious services and gatherings must be allowed on 143
property within any area zoned for residential or commercial 144
use, including, but not limited to, homes, community centers, or 145
businesses, notwithstanding any local zoning or land-use 146
restriction to the contrary. 147
(b)1. A municipality may not substantially burden the free 148
exercise of religion by adopting or enforcing any ordinance, 149
regulation, resolution, rule, or other policy to prohibit or 150
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restrict a person's ability to temporarily park a motor vehicle 151
on a public right-of-way or a private driveway if such parking 152
is related to the attendance of religious services or 153
gatherings. 154
2. Parking relating to the attendance of religious 155
services or gatherings must be allowed and consistent with 156
public safety and access requirements. 157
(4) This section does not: 158
(a) Relieve a person from complying with applicable 159
municipal building, fire, safety, or health standards. 160
(b) Authorize any use or conduct that could create a 161
public nuisance. 162
(5) Any ordinance, regulation, resolution, rule, or other 163
policy adopted or enforced by a municipality that conflicts with 164
this section is void and unenforceable. 165
Section 3. Section 189.09, Florida Statutes, is created to 166
read: 167
189.09 Ordinances, regulations, resolutions, rules, and 168
policies relating to religious services and gatherings.— 169
(1) The Legislature finds: 170
(a) The free exercise of religion is a fundamental right 171
guaranteed by the United States Constitution and the State 172
Constitution. 173
(b) The Legislature enacted the Religious Freedom 174
Restoration Act of 1998 to protect a person's free exercise of 175
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religion from being substantially burdened by the state or 176
government, which includes a county, special district, 177
municipality, or any other subdivision of this state. 178
(c) Religious services and gatherings, whether held in 179
traditional houses of worship, private residences, or commercial 180
establishments, are an essential expression of the free exercise 181
of religion. 182
(d) Special districts have, at times, enacted or enforced 183
ordinances, regulations, resolutions, rules, or other policies 184
that substantially burden a person's exercise of religion by 185
restricting religious services and gatherings, parking, or 186
related services or activities. 187
(2) It is therefore the intent of the Legislature to: 188
(a) Preempt any ordinance, regulation, resolution, rule, 189
or other policy that substantially burdens the free exercise of 190
religion. 191
(b) Ensure uniform statewide protection for the free 192
exercise of religion. 193
(3)(a)1. All matters relating to the regulation of 194
religious services and gatherings are preempted to the state, 195
and a special district may not substantially burden the free 196
exercise of religion by adopting or enforcing any ordinance, 197
regulation, resolution, rule, or other policy to prohibit or 198
restrict a person's ability to attend religious services or 199
gatherings in areas zoned for residential or commercial use. 200
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2. Religious services and gatherings must be allowed on 201
property within any area zoned for residential or commercial 202
use, including, but not limited to, homes, community centers, or 203
businesses, notwithstanding any local zoning or land-use 204
restriction to the contrary. 205
(b)1. A special district may not substantially burden the 206
free exercise of religion by adopting or enforcing any 207
ordinance, regulation, resolution, rule, or other policy to 208
prohibit or restrict a person's ability to temporarily park a 209
motor vehicle on a public right-of-way or a private driveway if 210
such parking is related to the attendance of religious services 211
or gatherings. 212
2. Parking relating to the attendance of religious 213
services or gatherings must be allowed and consistent with 214
public safety and access requirements. 215
(4) This section does not: 216
(a) Relieve a person from complying with applicable local 217
building, fire, safety, or health standards. 218
(b) Authorize any use or conduct that could create a 219
public nuisance. 220
(5) Any ordinance, regulation, resolution, rule, or other 221
policy adopted or enforced by a special district that conflicts 222
with this section is void and unenforceable. 223
Section 4. Subsections (26), (27), (28), and (29) are 224
added to section 553.79, Florida Statutes, to read: 225
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
553.79 Permits; applications; issuance; inspections.— 226
(26) A local enforcement agency may not deny the issuance 227
of a certificate of occupancy to an owner of a residential or 228
commercial structure based on noncompliance with a Florida-229
friendly landscaping ordinance adopted to implement s. 373.185 230
if the owner was issued a building permit for such structure 231
within 1 year after the declaration of a state of emergency for 232
a natural disaster for the county in which the structure is 233
located. 234
(27) A local enforcement agency may not deny the issuance 235
of a building permit for the alteration, modification, or repair 236
of a single-family residential structure if such alteration, 237
modification, or repair: 238
(a) Is completed within 1 year after the declaration of a 239
state of emergency for a natural disaster for the county in 240
which the structure is located; 241
(b) Is necessitated by damage to the structure caused by 242
the natural disaster; 243
(c) Has a total cost that does not exceed more than 50 244
percent of the value of the structure; 245
(d) Does not affect more than 50 percent of the structure; 246
and 247
(e) Does not alter the footprint of the structure. 248
(28) A local enforcement agency may not require a building 249
permit for the construction of playground equipment, fences, or 250
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landscape irrigation systems on a parcel containing a single-251
family residential dwelling. However, a local government may 252
require a building permit for any electrical work performed as 253
part of the construction of playground equipment, fences, or 254
landscape irrigation systems. 255
(29) A local enforcement agency may not require a building 256
permit to perform any work that is valued at less than $7,500 on 257
a parcel containing a single-family residential dwelling. This 258
subsection does not apply to a larger or major project in which 259
a division of the project is made in amounts less than $7,500. A 260
local government may require a building permit for any 261
electrical, plumbing, or structural work performed on a parcel 262
containing a single-family residential dwelling regardless of 263
the value of the work. For purposes of this subsection 264
structural work does not include the repair or replacement of 265
exterior doors or windows. 266
Section 5. Section 559.954, Florida Statutes, is created 267
to read: 268
559.954 Mutual benefit corporations; state preemption; 269
local government restrictions.— 270
(1) As used in this section, the term: 271
(a) "Local government" has the same meaning as s. 272
106.113(1). 273
(b) "Mutual benefit corporation" has the same meaning as 274
described in s. 617.0505(1). The term includes private clubs 275
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such as a golf club, a marina club, a country club, a yacht 276
club, a fraternal club, or any other similar entity that: 277
1. Maintains a defined membership structure. 278
2. Operates facilities or property for the use and benefit 279
of its members. 280
3. Is not open to the general public, except as permitted 281
by the club. 282
(2) The regulation of a mutual benefit corporation is 283
preempted to the state. 284
(3) A local government may not enact or enforce any 285
ordinance, regulation, resolution, rule, charter provision, or 286
policy or take any action to license or otherwise regulate a 287
mutual benefit corporation in a manner that is different from 288
other businesses in a local government's jurisdiction, 289
including, but not limited to: 290
(a) Restricting, prohibiting, or regulating the ability of 291
a mutual benefit corporation to host or allow events, rentals, 292
or activities involving nonmembers; 293
(b) Restricting or regulating the ability of a mutual 294
benefit corporation to determine who may access its property, 295
including, but not limited to, guests, invitees, or event 296
participants; 297
(c) Interfering with the internal governance, bylaws, 298
membership policies, or contractual agreements of a mutual 299
benefit corporation; or 300
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(d) Imposing operational restrictions on events hosted by 301
a mutual benefit corporation in a manner that is different from 302
other businesses in a local government's jurisdiction. 303
(4) Any ordinance, regulation, resolution, rule, charter 304
provision, or other policy enacted or enforced by a local 305
government that conflicts with this section is void and 306
unenforceable. 307
(5) Any person aggrieved or adversely affected by the 308
enactment or enforcement of an ordinance, regulation, 309
resolution, rule, charter provision, or other policy by a local 310
government in violation of this section may bring a civil cause 311
of action for: 312
(a) Declaratory or injunctive relief. 313
(b) Recover reasonable attorney fees and costs if the 314
court finds the local government violated this section. 315
(6) In accordance with s. 13, Art. X of the State 316
Constitution, the state, for its agencies or political 317
subdivisions, waives sovereign immunity for causes of action 318
based on the application of any ordinance, regulation, 319
resolution, rule, charter provision, or policy subject to this 320
section, but only to the extent specified in subsection (5). 321
Section 6. Paragraph (b) of subsection (3) of section 322
559.955, Florida Statutes, is amended to read: 323
559.955 Home-based businesses; local government 324
restrictions.— 325
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(3) For purposes of this section, a business is considered 326
a home-based business if it operates, in whole or in part, from 327
a residential property and meets the following criteria: 328
(b) Parking related to the business activities of the 329
home-based business complies with local zoning requirements and 330
the need for parking generated by the business may not be 331
greater in volume than would normally be expected at a similar 332
residence where no business is conducted. Local governments may 333
regulate the use of vehicles or trailers operated or parked at 334
the business or on a street right-of-way, provided that such 335
regulations are not more stringent than those for a residence 336
where no business is conducted. Vehicles and trailers used in 337
connection with the business must be parked in legal parking 338
spaces that are not located within the right-of-way, on or over 339
a sidewalk, or on any unimproved surfaces at the residence. 340
Local governments may regulate the parking or storage of heavy 341
equipment at the business which is visible from the street or 342
neighboring property. However, local governments may not 343
regulate the parking of vehicles or trucks on land zoned as 344
residential if the parcel size is greater than 2 acres, and may 345
not regulate the parking of trailers or heavy equipment on land 346
zoned as residential if the parcel size is greater than 5 acres. 347
For purposes of this paragraph, the term "heavy equipment" means 348
commercial, industrial, or agricultural vehicles, equipment, or 349
machinery. 350
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Section 7. This act shall take effect upon becoming a law. 351